Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010.

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May 26th & 27th, 2009

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Appeal dismissed
- Emergency situation / Uninsured-motorist coverage / Political Subdivision immunity
- DUI / Evidence / Maifest weight / Insufficient / Observe Operation Vehicle
- Domestic Violence / Evidence / Credibility of Witness
 

Ohio Supreme Court

 

State ex rel. Wells v. Jefferson Cty. Court of Common Pleas (Slip Opinion)(May 27, 2009)(2009-Ohio-2358)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2009/2009-ohio-2358.pdf
-  Appeal from dismissal of a petition for writs of mandamus and procedendo – Adequate remedy at law available – Judgment affirmed.

State ex rel Gilbert v. Cincinnati (Slip Opinion)(May 27, 2009)(2009-Ohio-2360)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2009/2009-ohio-2360.pdf
-  Appeal dismissed as moot.

Gaspar v. Guenther (Slip Opinion)(May 27, 2009)(2009-Ohio-2363)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2009/2009-ohio-2363.pdf
-  Judgment of the court of appeals affirmed on the authority of. Gen. Acc. Ins. Co. v. Ins. Co. of N. Am.

State ex rel. Beck v. Indus. Comm. (Slip Opinion)(May 27, 2009)(2009-Ohio-2365)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2009/2009-ohio-2365.pdf
-  Appeal dismissed for want of jurisdiction.
 

First District Court of Appeals

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*** Judgment Entries ***

Doris Toney vs. The City of Norwood, Ohio, et al. (May 27, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080643_05272009.pdf
-  Plaintiff-appellant Doris Toney appeals the trial court‟s entry of summary judgment in favor of defendants-appellees the city of Norwood (“the city”), Robert Schlachter, an employee of the city‟s fire department, and Liberty Mutual Corporation (“Liberty Mutual”). In her single assignment of error, Toney argues that the trial court erred in entering summary judgment. Toney asserts that Schlachter‟s manner of driving a 4700 Navistar fire truck while responding to an emergency situation constituted willful, wanton, or reckless misconduct and therefore removed the immunity granted to the city and Schlachter under the Revised Code. Toney contends that summary judgment was improper because genuine issues of material fact exist concerning whether Schlachter‟s response to the emergency situation constituted willful, wanton, or reckless misconduct. We affirm.

State of Ohio vs. Kevin Kesav (May 27, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080519_05272009.pdf
-  Kesav appeals a conviction for driving under the influence of alcohol under R.C. 4511.19(A)(1)(a). Kesav contends (1) that the trial court erred as a matter of law in finding that he had operated a motor vehicle under the influence of alcohol, (2) that his conviction was against the manifest weight of the evidence, and (3) the evidence was insufficient to support his convictions. Judgment AFFIRMED.

State of Ohio vs. Jason Cook (May 27, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080475_05272009.pdf
-  Cook appeals his conviction for domestic violence. Cook challenges the weight of the evidence adduced at trial to support his conviction. Judgment AFFIRMED.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

No Opinions.
       

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

No Opinions.
 

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